the administrative measure disapproving the refugee status (2011); need to enhance
the human rights of stateless people associated with fake marriage (2011).
The Guidelines attempt to present matters to be improved in connection with the
need to enhance the level of guaranteeing the human rights of refugees and refugee
applicants based on the criteria of the international human rights norms and human
rights criteria stipulated in the Constitution with focus on the refugee recognition
procedure, reliable interpretation service, degree of proof with regard to refugee
requirements, and protection of refugee applicants.
1. Improvement of procedure for refugee application and
recognition
A. Current status and problems
• The international community accuses the country of being unwilling to recognize
refugees as well as of having a slow decision-making process for handling
refugee applications. Thus, it is necessary to set up a system that facilitates
access to procedure and information on the refugee application, provides
information in the applicants’ mother tongue, and provides credible
translation/interpretation service. Refugees who are not able to prepare sufficient
evidentiary materials reportedly fail to defend themselves adequately during the
procedure for refugee application and recognition or suffer from human rights
infringement for the following reasons: the country’s refugee recognition system
is not standardized; public officials who work at certain places such as
immigration detention centers, airports, and ports, and judges who are responsible
for hearings on the revocation of the administrative measure taken by the
immigration authority refusing to recognize the refugee’s status, lack sufficient
54
Human Rights Guidelines on Migration